Legal question about NIPs and nominating a driver
 

Had a buddy over from France several weeks ago and as usual I let him use my car whilst staying with us (he sorts out his own insurance). First time he has been over since I've had the scoob so I was a bit apprehensive about letting him use it but he always lets me use his Boxster when I stay with him in France :D

Anyway after a week he goes back to France and I get an NIP one week later - for doing 72mph in a 60mph. Great, thanks mate!! So I fill out his details on the 'nominated driver' section and send the form off.

A week or so later I get a letter back from the *cough* Safety Camera Partnership saying, and I quote:

'I note that you have nominated the driver and have advised us that this person was a visitor to this country and is no longer resident here. Due to these circumstances, I must request that you provide some verification by contacting the driver and seeking their written confirmation and acceptance of the liability. This will absolve you from legal responsibility.'

I was surprised by this as in effect they were asking me to do their donkeywork for them! Anyway I called my friend and he just laughed saying this had happened to him in the past and he was never contacted or pursued over any speeding ticket/offence whilst visiting the UK. He just said put it in a letter to him so it is recorded and forget about it.

So I did. I sent him a letter asking him to accept liability for the offence, and I wrote back to the SCP to inform them of this, saying:

'As requested I have written to Mr xxxxxx seeking his written confirmation and acceptance of his liability in relation to this road traffic offence. There is nothing more I can do to assist you in this matter. Hopefully he will be in touch with you soon.'

Now three weeks later I get another letter from the Safety Camera Partnership saying that according to their records this matter is still outstanding and therefore I am still liable for the offence, etc, etc.

How can this be??? I did exactly what they asked me to, eg:

'... provide some verification by contacting the driver and seeking their written confirmation and acceptance of the liability.'

Beyond contacting my friend and 'seeking his written confirmation and acceptance of the liability' what else can I do? I can't force this guy to admit liability. I can't force him to write to them. BUT I have contacted him and asked him to as requested.

Surely legally I have done everything asked of me in this matter. So how can I still be liable for anything? What are they going to charge me with, not being able to elicit a written statement from somebody?? Surely that is their job, not mine.

Would appreciate and legal bods who might know where I stand on this in case they issue me with a summons now.

Legally, at the point you returned the NIP naming the driver, your involvement was over.

I fail to see what they could charge you with, the speeding offence requires a voluntary admission, a section 172 charge is failing to provide, something they have admitted you did.

I suggest you write back to the SCP pointing out that legally you have met the requirements of the NIP and it is up to them to pursue the driver.

Added - I'm no legal bod but take a keen interest in these matters. try www.pepipoo.com for any similar cases.

Thanks MattW - the guys on PePiPoo put my mind at rest.

I called the Scammers earlier and asked why I had been sent a letter saying I was still liable and that the matter was still unresolved having already supplied the nominated driver details 4 weeks ago. Almost before I had got the words out the guy gushed an apology and said the letter is automatically generated and sent out after 28 days as a matter of course.

He admitted that they had received all my communication, and then asked when I expected my French friend to contact them. I told him I have no idea

He then said my 'deadline' had been extended by 14 days and could I call them on 22nd October with an update!!!

I politely said I couldn't see what else I could do to help in the matter. He agreed but said to call anyway. He also said my call would be minuted!!

They are clearly just trying it on the crafty <stream of expletives removed here>!

There must be loads of people that get so scared by these tactics that they just take the rap themselves. Or have sleepless nights, etc.

Oh, he said he hoped the letter hadn't caused me any unnecessary distress. Nice touch.

Erm, could I have the Name and address of your French Pal?

Just for my future NIPs :D

Well from reading this thread it appears that you don't really need the name and address. Just make one up, send the letter recorded delivery to it anyway. Then send the paperwork to the SCP. :Suspiciou

I know people in Iraq :):(

Will be putting them down in future !!!!